The temporary public policy aimed at providing out-of-status construction workers in the Greater Toronto Area (GTA) a pathway to permanent residency has been extended.
This policy will remain in effect until December 31, 2024, or until the cap of 1,000 applications is reached, whichever comes first.
Originally launched on January 2, 2020, to address regional labour market needs, the program acknowledges the valuable economic contributions of foreign construction workers who have fallen out of status and are currently working in the GTA without authorization, as highlighted by Immigration, Refugees, and Citizenship Canada (IRCC).
The policy will aim to process both temporary and permanent residence applications for 1,000 out-of-status workers and their families in the GTA. Applicants do not need to have authorization to work in construction in the GTA to apply.
Eligibility Criteria
Out-of-status refers to individuals who entered Canada with valid immigration status but have since lost it, making them vulnerable to exploitation.
To qualify for this program, applicants must:
- Have legally entered Canada as a temporary resident.
- Have lived in Canada for at least five years.
- Be employed in the construction industry in the GTA, with proof of three years of full-time eligible experience within the last five years.
- Have family members residing in Canada.
- Obtain a referral letter from the Canadian Labour Congress (CLC).
- Ensure that neither they nor their family members are inadmissible to Canada, with some exceptions.
A delegated officer will ultimately determine if an applicant meets all the eligibility criteria.
Application Process: How to Apply?
Applicants must first contact the Canadian Labour Congress (CLC), which will assess whether they meet the program’s eligibility requirements.
If eligible, the CLC will issue a referral letter.
The completed application, along with the referral letter, will then be submitted to Immigration, Refugees, and Citizenship Canada (IRCC) for processing.
Extension Underscores Increasing Demand in the Construction Industry
The extension aligns with the increasing demand for skilled trades, particularly in the construction sector. IRCC notes that the construction industry continues to experience significant labour shortages, and a stable workforce is essential for the timely completion of housing and infrastructure projects.
In response to this growing demand, Canada introduced category-based Express Entry draws in 2023, prioritizing sectors and occupations, including skilled trades, to address labour shortages.
Advantages for Workers
This policy also aims to support workers who have been vital to Canada’s economy by addressing regional labour needs but remain at risk of exploitation due to their out-of-status situation.
According to IRCC, many undocumented construction workers may be unaware of their employment rights or reluctant to assert them, often missing out on workplace protections such as health and safety inspections.
Granting legal status allows these workers to continue their essential contributions to the construction sector while gaining a better understanding of their workplace rights and protections.
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